COUCIL OF
THE EUROPEA UIO
Brussels, 12 June 2012
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Interinstitutional File:
2012/0084 (COD)
STATIS 50
ECOFI 605
CODEC 1655
OTE
from:
to:
Subject:
Presidency
Delegations
Presidency note summarizing the hearing on European Statistics
In preparation for the next meeting of the Working Party on Statistics on 20 June 2012, delegations
are invited to take note of the Presidency note summarizing the outcome on the informal hearing on
European Statistics.
In order to clarify the proceedings with the European Statistics during the meeting on 20 June, we
would like to inform you that the reading of the proposal will start with a brief general discussion of
the proposal potentially followed by a reading of the first articles.
Encl.:
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Proposal for a
REGULATIO OF THE EUROPEA PARLIAMET AD OF THE COUCIL
amending Regulation (EC) o 223/2009 on European statistics
Summary of the results of the informal hearing of Member States, deadline 29 May 2012
General comments by Member States (MS)
Member States welcome the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 223/2009
on European statistics, as the proposal contains important provisions for enhancing the credibility in European Statistics and for the
strengthening of European statistics governance.
The incoperation of the independence of the NSIs and the reinforcement of the coordinating role of the NSIs is welcomed. At the same time,
this task imposes a burden on the NSIs and will increase their responsibility. It is expected that great efforts should be made in order to fulfil
entirely their leading role and their role in assuring the quality control. This is made more difficult by the fact that currently most NSIs are part
of the governmental competence structure, meaning that one of the members of the government are exercising their the employer’s rights over
the heads of the NSIs.
It is questioned whether a wider coverage of sanctions regarding the manipulations of statistics applicable for all the Member States is needed,
as the main objective of the current proposal is to ensure that the data produced by all statistical authorities are of the highest quality, and since
(EU) Regulation No 1173/2011 provides for sanctions concerning the manipulation of deficit and debt statistics in the euro area.
Some of the recitals of the current Regulation No. 223/2009 should be slightly redrafted in the light of new Regulation, namely:
- Recital 20: reference to article 285, paragraph 2 of the treaty should be replaced by reference to article 338, paragraph 2 of the treaty.
- Recital 30: reference to Council Decision 1999/468/EC of 28 June 1999 should be replaced by reference to Regulation (EU) No 182/2011.
- Recital 31: reference to regulatory procedure with scrutiny provided for in article5a of Decision 1999/468/EC should be replaced by
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reference to the exercise of delegated powers provided for in Regulation (EU) No 182/2011.
It is proposed to make amendments to two articles that are not part of the articles which is included in the proposal from the Commission.
Commission proposal
Summary of Member States comments and amendments
Amendment proposal:
Proposal for a
•
It is proposed to insert a section that the European Central Bank has given its opinion.
REGULATIO OF THE EUROPEA
PARLIAMET AD OF THE COUCIL
amending Regulation (EC) o 223/2009 on
European statistics
(Text with relevance for the EEA and Switzerland)
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of
Proposal for a
REGULATIO OF THE EUROPEA PARLIAMET AD OF THE COUCIL
amending Regulation (EC) o 223/2009 on European statistics
(Text with relevance for the EEA and Switzerland)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
the European Union, and in particular Article
Having regard to the Treaty on the Functioning of the European Union, and in particular
338(1) thereof,
Article 338(1) thereof,
Having regard to the proposal from the European
Having regard to the proposal from the European Commission,
Commission,
Having regard to the opinion of the European Central Bank,
After transmission of the draft legislative act to the
After transmission of the draft legislative act to the national Parliaments,
national Parliaments,
Acting in accordance with the ordinary legislative procedure,
Acting in accordance with the ordinary legislative
procedure,
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Whereas:
Whereas:
(1)
Amendment proposal:
The European Statistical System (the ESS),
as a partnership, has in general successfully
consolidated its activities to ensure the development, production and dissemination of high-quality
European statistics, including by improving the
governance of the system.
•
It is proposed to delete “the” in front of ESS
•
It is proposed to delete “high-” in front of quality.
The European Statistical System (the ESS), as a partnership, has in general successfully
consolidated its activities to ensure the development, production and dissemination of highquality European statistics, including by improving the governance of the system.
(2)
Some weaknesses have, however, recently
been identified, in particular with regard to the
statistical quality-management framework.
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(3)
The Commission suggested action to address
these weaknesses in its Communication of 15 April
2011 to the European Parliament and the Council
‘Towards robust quality management for European
Statistics’6. In particular, it suggested a targeted
amendment of Regulation (EC) No 223/2009 of the
European Parliament and the Council of 11 March
2009 on European statistics7.
(4)
In its conclusions of 20 June 2011, the
ECOFIN Council welcomed the Commission’s
initiative and stressed the importance of continuously improving the governance and efficiency
of the ESS.
(5)
In addition, the impact on the statistical
domain of recent developments in the context of
eed for clarification:
•
the economic-governance framework of the Union
It should be clarified to whom the transparent recruitment and dismissal processes should
be related.
should be taken into account, in particular aspects
Amendment proposal:
related to statistical independence such as trans-
•
parent recruitment and dismissal processes, bud-
It is proposed to delete the last part of the recital, since it is not clearly linked to the
method proposed here to secure independence.
getary allocations and pre-release calendars, as laid
(5)
down in Regulation (EU) No 1175/2011 of the
the economic-governance framework of the Union should be taken into account, in particular
European Parliament and the Council of 16
aspects related to statistical independence, such as transparent recruitment and dismissal
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In addition, the impact on the statistical domain of recent developments in the context of
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November 2011 amending Regulation (EC) No
processes, budgetary allocations and pre-release calendars, as laid down in Regulation (EU) No
1466/97 on the strengthening of the surveillance of
1175/2011 of the European Parliament and the Council of 16 November 2011 amending
budgetary positions and the surveillance and coor-
Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions
dination of economic policies8, as well as those
and the surveillance and coordination of economic policies8, as well as those related to the
related to the requirement for bodies in charge of
requirement for bodies in charge of monitoring the implementation of national fiscal rules to
monitoring the implementation of national fiscal
enjoy functional autonomy, as laid down in Regulation (EU) No …/…of the European Parlia-
rules to enjoy functional autonomy, as laid down in ment and the Council on common provisions for monitoring and assessing draft budgetary
Regulation (EU) No …/…of the European Parlia-
plans and ensuring the correction of excessive deficit of the Member States in the euro area.
ment and the Council on common provisions for
monitoring and assessing draft budgetary plans and
ensuring the correction of excessive deficit of the
Member States in the euro area.
(6)
Those aspects should not remain limited to
the statistics produced for the purposes of the
Amendment proposal:
•
It is proposed to change the word “should” to “could” or” shall”, since it is not possible
to limit those aspects of independence to financial statistics.
procedure but should apply to all European statis-
•
It is proposed to delete recital 6 (Alternative 2).
tics developed, produced and disseminated by the
Editorial clarification:
fiscal-surveillance system and the excessive-deficit
ESS.
•
It is proposed to change the wording “by the ESS” to “within the ESS”.
Alternative 1:
(6)
Those aspects should could/shall not remain limited to the statistics produced for the
purposes of the fiscal-surveillance system and the excessive-deficit procedure but should apply
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to all European statistics developed, produced and disseminated within by the ESS.
Alternative 2:
(6)
Those aspects should not remain limited to the statistics produced for the purposes of the
fiscal-surveillance system and the excessive-deficit procedure but should apply to all European
statistics developed, produced and disseminated by the ESS.
(7)
Moreover, the adequacy of resources attri-
eed for clarification:
buted on an annual or a multiannual basis and
•
available to meet statistical needs is a necessary
Amendment proposals:
condition for the professional independence of
statistical authorities.
It should be specified that this refers to national level.
•
It is proposed to move recital 8 to the start of recital 7.
•
It is proposed to insert a text on human resource policy at the end.
Moreover,The professional independence of statistical authorities should be strengthened and
minimum standards should be enforced, in particular as regards the heads of national statistical
institutes (NSIs), to whom specific guarantees should be provided in terms of the performance
of statistical tasks, organisational management and resource allocation. The adequacy of
resources attributed on an annual or a multiannual basis and available to meet statistical needs
is a necessary condition for the professional independence of statistical authorities. In this
context, the NSIs should be able to shape and implement their own human resources policy
based on professional criteria (including capacity to initiate the hiring staff ressources), within
given financial frames.
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(8)
To that effect, the professional independence
of statistical authorities should be strengthened and
Amendment proposals:
•
It is proposed to substitute “implemented” in the text, and leave all “enforcement” matters
to recital 13, on ensuring compliance with the Code of Practice.
•
It is proposed to insert “and their senior responsible statistician”, since the characteristics
of independence should be distributed according to the pattern of statistical production in
the member state.
•
It is proposed to move the text to recital 7 (Alternative 2).
minimum standards should be enforced, in particular as regards the heads of national statistical
institutes (NSIs), to whom specific guarantees
should be provided in terms of the performance of
statistical tasks, organisational management and
resource allocation.
Alternative 1:
(8)
To that effect, the professional independence of statistical authorities and their senior
responsible statistician should be strengthened and minimum standards should be enforced, in
particular as regards the heads of national statistical institutes (NSIs), to whom implemented.
Specific guarantees should be provided to the heads of national statistics institutes (NSIs) in
terms of the performance of statistical tasks, organisational management and resource
allocation.
Alternative 2:
(8)
To that effect, the professional independence of statistical authorities should be
strengthened and minimum standards should be enforced, in particular as regards the heads of
national statistical institutes (NSIs), to whom specific guarantees should be provided in terms
of the performance of statistical tasks, organisational management and resource allocation.
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(9)
Furthermore, the coordinating role already
attributed to the NSIs should be clarified as regards
Amendment proposals:
•
It is proposed to insert a text that takes the statistical tasks of the ESCB into account.
its scope, so as to achieve more efficient coordination of statistical activities at national level, inclu-
(9)
ding quality management.
regards its scope, so as to achieve more efficient coordination of statistical activities at national
Furthermore, the coordinating role already attributed to the NSIs should be clarified as
level, including quality management, while duly taking into account the statistical tasks
performed by the Europen System of Central Banks (ESCB).
(10) In order to reduce the burden on statistical
General comment:
authorities and respondents, the NSIs and other
•
national authorities should be able to access and
use administrative records, including those filled
electronically, promptly and free-of-charge, as well •
The current formulation is not in accordance with the principle of subsidiarity. It should be
possible for the owner of administrative data to charge the extraction costs and the data
itself should be free of charge.
A definition of administrative records should be included into article 3 (Definitions).
as to integrate these records with statistics.
(11) The NSIs should furthermore be consulted at
Editorial proposal:
an early stage on the design of new administrative
•
records that could provide data for statistical pur-
It is proposed to insert “In this respect” at the start of the recital and delete
“furthermore”.
poses and on planned changes to, or cessation of,
existing administrative sources. They should also
receive relevant metadata from the owners of administrative data and coordinate standardisation
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(11) In this respect, the NSIs should furthermore be consulted at an early stage on the design
of new administrative records that could provide data for statistical purposes and on planned
changes to, or cessation of, existing administrative sources. They should also receive relevant
metadata from the owners of administrative data and coordinate standardisation activities
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activities concerning administrative records that
concerning administrative records that are relevant for statistical data production.
are relevant for statistical data production.
(12) The confidentiality of data obtained from
administrative records should be protected under
the common principles and guidelines applicable to
all confidential data used for the production of
European statistics. Quality-assessment frameworks applicable to these data should also be established.
(13) The quality of European statistics could be
Amendment proposals:
strengthened and the confidence of users reinfor-
•
Alternative 1: It is proposed to deleted the last part of the text from “…and national…”,
since the wording suggests that the implementation of the Code and the national quality
framework and other activities mentioned herein are different things.
•
Alternative 2: It is proposed to add at the end of the recital that the ESS is involved in the
CoC monitoring procedure.
•
It is proposed to delete the word “national” in the last sentence and add “at national
level” at the end.
•
Alternative 3: Some countries propose to delete the last sentence, since they are against the
compulsory implementation of the CoC.
•
Alternative 4: It is proposed to delete the recital, since the Commitment of Confidence in
Statistics (CoC) is concidered unnecessary.
ced, by involving national governments in the responsibility of applying the European Statistics
Code of Practice. To this end, a ‘Commitment on
Confidence in Statistics’ should be established in
each Member State and include specific undertakings by its government to implement the Code
and national quality-assurance frameworks, including self-assessments and improvement actions.
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Alternative 1:
(13) The quality of European statistics could be strengthened and the confidence of users
reinfor-ced, by involving national governments in the re-sponsibility of applying the European
Statistics Code of Practice. To this end, a ‘Commitment on Confidence in Statistics’ should be
established in each Member State and include specific undertakings by its government to
implement the Code and national quality-assurance frameworks, including self-assessments
and improvement actions.
Alternative 2:
(13) The quality of European statistics could be strengthened and the confidence of users
reinforced, by involving national governments in the responsibility of applying the European
Statistics Code of Practice. To this end, a ‘Commitment on Confidence in Statistics’ should be
established in each Member State and include specific undertakings by its government to
implement the Code and national qualityassurance frameworks, including self-assessments and
improvement actions, at the national level. The European Statistical System is involved in the
CoC monitoring procedure.
Alternative 3:
(13) The quality of European statistics could be strengthened and the confidence of users
reinforced, by involving national governments in the responsibility of applying the European
Statistics Code of Practice. To this end, a ‘Commitment on Confidence in Statistics’ should be
established in each Member State and include specific undertakings by its government to
implement the Code and national quality-assurance frameworks, including self-assessments
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and improvement actions.
Alternative 4:
13)
The quality of European statistics could be strengthened and the confidence of users
reinfor-ced, by involving national governments in the re-sponsibility of applying the European
Statistics Code of Practice. To this end, a ‘Commitment on Confidence in Statistics’ should be
established in each Member State and include specific under-takings by its government to
implement the Code and national quality-assurance frameworks, inclu-ding self-assessments
and improvement actions.
(14) As the production of European statistics must eed for clarification:
be based on long-term operational and financial
•
planning in order to ensure a high degree of inde-
How will the harmonization of periods be achieved? The current statistical programme is
for 2013-2017, the financial framework ends in 2013.
pendence, the European statistical programme
should cover the same period as the multiannual
financial framework.
(15) Regulation (EC) No 223/2009 confers
Editorial clarification:
powers on the Commission to implement some of
•
the provisions of that Regulation; as a consequence
of the entry into force of the Lisbon Treaty, the
It is proposed to change the wording “some of ”to “determined” since the Regulation
223/2009 gives the Commission right to implement the provisions of the Regulation only in
three strictly specified areas.
powers conferred under this Regulation upon the
Commission need to be aligned to Articles 290 and
(15) Regulation (EC) No 223/2009 confers powers on the Commission to implement
determined some of the provisions of that Regulation; as a consequence of the entry into force
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291 of the Treaty.
of the Lisbon Treaty, the powers conferred under this Regulation upon the Commission need to
be aligned to Articles 290 and 291 of the Treaty.
(16) The Commission should have the power to
General comment:
adopt delegated acts in accordance with Article
•
It is proposed that the Commission should use implementing acts instead of delegated acts.
290 of the Treaty in order to supplement or amend
certain non-essential elements of Regulation (EC)
No 223/2009 so as to specify quality requirements,
such as target values and minimum standards for
the statistical production, when sectoral statistical
legislation does not provide for these. The Commission should ensure that these delegated acts do
not impose a significant additional administrative
burden on the Member States and on the respondent units.
(17) It is of particular importance that the Com-
Editorial proposal:
mission carry out the appropriate consultations
•
It is proposed to insert “on delegated act”.
during its preparatory work, including at expert
level. The Commission, when preparing and
(17) It is of particular importance that the Commission carries out the appropriate
drawing-up delegated acts, should ensure simulta-
consultations during its preparatory work on delegated acts, including at expert level. The
neous, timely and appropriate submission of the
Commission, when preparing and drawing-up delegated acts, should ensure simultaneous,
relevant documents to the European Parliament
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and Council.
timely and appropriate submission of the relevant documents to the European Parliament and
Council.
(18) There is a need for uniform conditions for
implementing access to confidential data for
scientific purposes. Implementing powers should
be conferred on the Commission with a view to
establishing the arrangements, rules and conditions
governing such access at Union level, in
accordance with the examination procedure laid
down in Article 5 of Regulation (EU) No 182/2011
of the European Parliament and the Council laying
down the rules and general principles concerning
mechanisms for control by the Member States of
the Commission’s exercise of implementing
powers9.
(19) Since the objective of this Regulation cannot
General comment:
be sufficiently achieved by the Member States and
•
can be better achieved at Union level, the Union
may adopt measures, in accordance with the
It is pointed out, that the draft proposal entirely lacks appraising statements regarding the
principles of subsidiarity and proportionality. According to the “subsidiarity protocol” of
the Lisbon treaty, draft European legislative acts shall be justified with regard to the
principles of subsidiarity and proportionality.
principle of subsidiarity as set out in Article 5 of
the Treaty on European Union. In accordance with
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the principle of proportionality, as set out in that
Article, this Regulation does not go beyond what is
necessary in order to achieve that objective.
(20) The European Statistical System Committee
has been consulted,
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 223/2009 is amended as
follows:
(1) In Article 2(1), point (a) is replaced by the
following:
(1) In Article 2(1), point (a) is replaced by the following:
‘(a) ‘professional independence’, meaning that
General comment:
statistics must be developed, produced and
disseminated in an independent manner,
particularly as regards the selection of techniques,
definitions, methodologies and sources to be used,
and the timing and content of all forms of
dissemination, free from any pressures from
political or interest groups or from Union or
national authorities;’
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• Independence still remains a concept limited to professional independence. According to
recital 5, coherence to a broader concept as “statistical independence” could be
provided.
eed for clarification:
• Several countries ask for clarification on why the last sentence of the present Regulation
has been deleted?
Amendment proposal:
• It is proposed to extent the scope of the independence so that it includes both professional
and institutional independence.
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• It is proposed to add an additional text that would allow for simplification of the text of
Article 5a and other articles.
‘(a) ‘professional and institutional independence’, meaning that statistics must be developed,
produced and disseminated in an independent manner, particularly as regards the selection of
techniques, definitions, methodologies and sources to be used, and the timing and content of all
forms of dissemination, and that the preformance of these tasks is free from any pressures from
political or interest groups or from Union or national authorities, and free from seeking or
taking any statistical instructions from any government or other institution, body, office or
entity;’
(2) In Article 5, paragraph 1 is replaced by the
following:
(2) In Article 5, paragraph 1 is replaced by the following:
‘1. The national statistical authority designated by
eed for clarification:
each Member State as the body having the
responsibility for coordinating all activities at
national level for the development, production and
• Clarification is requested on what is meant by “sole” contact point. And what the
difference is from the present Regulation?
dissemination of European statistics (the NSI) shall
• Clarification is asked on responsibilities between the ;SI’s and the other national
authorities responsible for European statistics
act in this regard as the sole contact point for the
• Clarification is asked by several countries on what coordinating exactly means.
Commission (Eurostat) on statistical matters.
The coordinating responsibility of the NSI shall
cover all other national authorities responsible for
the development, production and dissemination of
European statistics. The NSI shall, in particular, be
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• Clarification is asked on what implications of the proposed amendments will have on
Regulation (EC) ;o 951/2009 and Regulation (EC) ;o 2533/98.
Amendment proposal:
• It is proposed to delete “all” in front of “activities” and “other”.
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responsible at national level for coordinating
statistical programming and reporting, quality
monitoring, methodology, data transmission and
communication on ESS statistical actions.’
• It is proposed to add “on the coordination of”, since there has to be direct contacts between Eurostat and other statistical authorities for exchanges about statistics produced
by these authorities.
• It is proposed to replace “responsibility” by “role”.
• It is proposed to replace “be responsible” by “coordinate”.
• It is proposed to delete “for coordinating” and “and reporting”.
• It is proposed to add a section that the ;SI’s should have the necessary legal instruments
and financial resource to fulfil their coordinating responsibilities.
• It is proposed supplementing the second sub paragraph by a text, inspired by the first
paragraph of Article 5a.
• It is proposed to introduce an independent body to be in charge of securing the
professional independence of statistics: ;ational Statistical Governance Advisory
Board (;SGAB).
‘1. The national statistical authority designated by each Member State as the body having the
responsibility for coordinating all activities at national level for the development, production
and dissemination of European statistics (the NSI) shall act in this regard as the sole contact
point for the Commission (Eurostat) ) on the coordination of on statistical matters.
The coordinating responsibility role of the NSI shall cover all other national authorities
responsible for the development, production and dissemination of European statistics. The NSI
shall, in particular, be responsible coordinate at national level for coordinating statistical
programming and reporting, quality monitoring, methodology, data transmission and
communication on ESS statistical actions. In order to take up the coordinating responsibility,
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the NSI shall be provided with the respective legal instruments and financial resources.’
NSI and other national authorities shall have the sole responsibility for deciding on processes,
statistical methods, standards and procedures, and on the content and timing of statistical
releases and publications for European statistics in their sphere of competence. They shall be
empowered to decide on all matters regarding the internal management of the NSI. When
carrying out these tasks, the NSI shall act in an independent manner; it shall neither seek nor
take instructions from any government or other institution, body, office or entity; it shall refrain
from any action incompatible with the performance of these tasks.
A National Statistical Governance Advisory Board (NSGAB) can be set up at the initiative of
each Member State on the model of the ESGAB to monitor and guarantee the professional
independence of the development, production and dissemination of European statistics.
(3) The following Article 5a is inserted:
(3) The following Article 5a is inserted:
‘Article 5a
General comments:
Heads of SIs
•
It is pointed out that it has to be taken into account that within ;SIs planning statistical
activities for national needs are also included. Therefore, a specific reference to statistical
activities devoted to the development, production and dissemination of European statistics
has to be foreseen.
•
It is pointed out that there is a different organizational structure and national statistical law
in the countries. The head of ;SIs is in some countries President in other Director General.
This has to be carefully considered during the final translation process into languages.
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1.
Within their national statistical system, the
heads of NSIs shall have the sole responsibility for
General comments:
•
It is pointed out that the government decides, under the Constitution, the overall objectives
for public authorities, including the ;SI. Therefore, the current wordings regarding the sole
responsibility for heads of ;SIs need to be modified so that it is possible to retain a
decentralized system in which the Director General of each statistical authority decides on
the content and timing of statistical releases and publications.
•
It is pointed out that if the head of the ;SI would be given the sole responsibility for all
European statistics, it would lead to a subordination of all other authorities producing
statistics (e.g. Central Bank, Finance Ministries, regional authorities) to the head of the
;SI. It is assumed that this is not intended by this Regulation. The Commission is asked to
give a clarification on this.
deciding on processes, statistical methods,
standards and procedures, and on the content and
timing of statistical releases and publications for
all European statistics. They shall be empowered
to decide on all matters regarding the internal
management of the NSI. They shall coordinate the
statistical activities of all national authorities that
contribute to the development, production and
eed for clarification:
dissemination of European statistics. When
•
It is pointed out that the choice of statistical methods and processes can be influenced by
the budget which – as regards institutions other than ;SI - is not in the hands of the ;SIs
and their heads. It is therefore not clear how the responsibility on processes, methods etc.
can be linked to the budget possibilities.
•
It is pointed out that there appears to be an incongruence between sentence 1 and sentence
3 as the heads of the ;SIs are given the sole responsibility to decide on statistical processes
(sentence 1) but to merely coordinate all statistical activities (sentence 3).
•
It is pointed out that it should be explained what functions are contained in “internal
management matters” and if they may be limited by legal or general administrative
Regulations. We suggest to move this aspect to the end of the paragraph as it refers to a
different context. Could the Commission please extend on what is meant by “internal
management” matters.
carrying out these tasks, the heads of NSIs shall
act in an independent manner; they shall neither
seek nor take instructions from any government or
other institution, body, office or entity; they shall
refrain from any action incompatible with the
performance of these tasks.
Amendment proposals:
The amendment proposals can be divided into 4 different alternatives.
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Alternative 1:
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It is proposed to change “sole responsibility” with “final responsibility” or “ultimate
responsibility” since the heads of ;SIs should take these decisions after broad
consultations with all actors in the national statistical system.
•
It is proposed to add “produced by the ;SI”, since that the heads of ;SIs can only be the
sole responsible for statistics produced by the ;SI.
•
It is proposed to add “within their given budgetary framework and respecting the role of
their supervisory bodies”, since the internal management needs to be restricted to the
powers delegated to the heads of ;SIs.
•
It is proposed to change “contribute to” to “are responsible for”.
•
It is proposed to delete the word “all” before “national authorities”.
•
It is proposed to include in article 2(1)(a) – the definition of professional independence –
that the head of ;SI shall not take advise from anybody. Thus the description can be
omitted in this article.
•
Alternative 2: It is proposed to widen the scope of this paragraph to ;SIs and other
national authorities. The division of work and responsibilities between different authorities
inside the ;ational Statistical System is a national matter and cannot be enacted at
European level. The head of ;SI can coordinate statistical activities of other national
authorities but cannot decide on matters that fall under responsibility of other
organisations.
•
Alternative 3: It is proposed to widen the applicability of the definition of acting with
professional independence to all the senior responsible statisticians for the producers of
European statistics. The national statistical authorities for a Member Sstate are already
designated to the Commission. Under this proposal the senior responsible statistician for
each ;SA would also be designated. These statisticians would be subject to the
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requirements of professional independence.
•
Alternative 4: It is proposed to include ;SGAB in the provisions.
•
Alternative 5: It is proposed to delete paragraph 1. From institutional and functional
subordination point of view the Head of ;SI can take a decision only regarding his/her
institution and not the whole national statistical system.
Alternative 1:
1.
Within their national statistical system, the heads of NSIs shall have the sole
final/ultimate responsibility for deciding on processes, statistical methods, standards and
procedures, and on the content and timing of statistical releases and publications for all
European statistics produced by the NSI. They shall be empowered, within their given
budgetary framework and respecting the role of their supervisory bodies, to decide on all
matters regarding the internal management of the NSI. They shall coordinate the statistical
activities of all national authorities that contribute to are responsible for the development,
production and dissemination of European statistics. When carrying out these tasks, the heads
of NSIs shall act with professional independence in an independent manner; they shall neither
seek nor take instructions from any government or other institution, body, office or entity; they
shall refrain from any action incompatible with the performance of these tasks.
Alternative 2:
‘Article 5a
Heads of SIs and other national authorities
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1.
Within their national statistical system, the heads of NSIs and other national authorities
shall have the sole responsibility for deciding on processes, statistical methods, standards and
procedures, and on the content and timing of statistical releases and publications for all those
European statistics for which they are responsible. TheyThe heads of NSIs shall be empowered
to decide on all matters regarding the internal management of the NSI. They shall coordinate
the statistical activities of all national authorities that contribute to the development, production
and dissemination of European statistics. When carrying out these tasks, the heads of NSIs and
other national authorities shall act in an independent manner; they shall neither seek nor take
instructions from any government or other institution, body, office or entity; they shall refrain
from any action incompatible with the performance of these tasks.
Alternative 3:
‘Article 5a
Heads of SIs and national statistical authorities
1.
Within their national statistical system, the heads of NSIs shall designate the senior
statistician in each national statistical authority who shall have the sole responsibility for
deciding on processes, statistical methods, standards and procedures, internal statistical
management, and on the content and timing of statistical releases and publications for all
European statistics. They shall be empowered to decide on all matters regarding the internal
management of the NSI. They The Head of the NSI shall coordinate the statistical activities of
all the NSI and the national authorities that contribute to the development, production and
dissemination of European statistics. When carrying out these tasks, the heads of NSIs and the
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senior responsible statisticians shall act in an independent manner; they shall neither seek nor
take instructions from any government or other institution, body, office or entity; they shall
refrain from any action incompatible with the performance of these tasks.
Alternative 4:
‘Article 5a
Heads of SIs and SGABs
1.
Within their national statistical system, the heads of NSIs shall have the sole
responsibility for deciding on processes, statistical methods, standards and procedures, and on
the content and timing of statistical releases and publications for all European statistics. They
shall be empowered to decide on all matters regarding the internal management of the NSI.
They shall coordinate the statistical activities of all national authorities that contribute to the
development, production and dissemination of European statistics, without prejudice to the
tasks performed by the European System of Central Banks (ESCB), as laid down by Regulation
n°951/2009 of the European Parliament and of the Council of 9 October 2009, as to the
pursuance of the cooperation between the ESS and the ESCB on common statistical issues,
which is provisioned for in Article 9 of the present Regulation and in the Council Decision
2006/856
1a. When carrying out these tasks, the heads of NSIs shall act in an independent manner; they
The heads of NSIs or when they exist, the heads of NSGAB shall guarantee the professional
independence of these statistics. Those in charge of guaranteeing independence shall neither
seek nor take instructions from any government or other institution, body, office or entity; they
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shall refrain from any action incompatible with the performance of these tasks.
Alternative 5:
1.
Within their national statistical system, the heads of NSIs shall have the sole
responsibility for deciding on processes, statistical methods, standards and procedures, and on
the content and timing of statistical releases and publications for all European statistics. They
shall be empowered to decide on all matters regarding the internal management of the NSI.
They shall coordinate the statistical activities of all national authorities that contribute to the
development, production and dissemination of European statistics. When carrying out these
tasks, the heads of NSIs shall act in an independent manner; they shall neither seek nor take
instructions from any government or other institution, body, office or entity; they shall refrain
from any action incompatible with the performance of these tasks.
2.
The procedures for recruitment, transfer and
dismissal of heads of NSIs shall be transparent and
General comment:
•
based on professional criteria only.
It is pointed out that it is not necessary to decree on recruitment and dismissal of the heads
of ;SIs again in this act, since Regulation (EU) ;o 1175/2011 of the European Parliament
and of the Council amending Council Regulation (EC) ;o 1466/97 already sets the criteria
for recruitment and dismissal.
eed for clarification:
•
A clarification is needed on what is meant by “transfer”.
Amendment proposal:
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•
It is proposed to replace the word “transfer” by “appointment”.
•
It is proposed to add "top management" to the current proposal on transparent rules for the
appointment / dismissal of the heads of ;SIs.
•
In line with alternative 3 (paragraph 1) it is proposed to widen the applicability.
•
It is proposed to add a sentence on the involvement of ;SGAB – in line with alternative 4
(paragraph 1).
•
It is proposed to add the reasons for terminating the incumbency from the Code of Practice.
2.
The procedures for recruitment, appointment transfer and dismissal of top management
and heads of NSIs and the senior statistician in national statistical authorities shall be
transparent and based on professional criteria only. When they exist, heads of NSGABs must
be involved in these procedures. The reasons on the basis of which the incumbency can be
terminated are specified in the legal framework.
3.
The heads of NSIs shall be accountable for
the statistical activities and budget execution of the
eed for clarification:
•
A clarification is requested on the contents of the annual report as well as to whom
comments can be expressed by ;SIs on budget allocation.
•
A clarification is requested on what is expected from the possibility to “express comments
on budget allocation issues related to statistical activities of the ;SI”.
NSI; they shall publish an annual report and may
express comments on budget allocation issues
related to the statistical activities of the NSI.
Amendment proposal:
Alternative 1:
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•
In line with alternative 3 (paragraph 1) it is proposed to widen the applicability.
•
It is proposed to specify that the activities mentioned only concern “European” activities.
Alternative 2:
•
In line with alternative 4 (paragraph 1) it is proposed to add a sentence on the inclusion of
the head of ;SGAB.
•
It is proposed to delete the text “shall be accountable for the statistical activities and
budget execution of the ;SI; they” since it is considered not in line with the principle of
subsidiarity.
The following two amendments are applicable to both alternatives:
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•
It is proposed to delete “shall publish an annual report”, since it should remain in the
discretion of the respective ;SI.
•
It is proposed to replace “;SI” with “national statistical system” at the end of the
paragraph.
•
Alternative 3: It is proposed to delete paragraph 3, since it, to some extent, violates the
principle of subsidiarity, proportionality and principle of conferred powers.
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Alternative 1:
3.
The heads of NSIs, and senior statistician in national statistical authorities shall be
accountable for the European statistical activities and budget execution of the NSI; they
Alternative 2:
3.
The heads of NSIs or heads of NSGABs shall be accountable for the statistical activities
and budget execution of the NSI; they
shall publish an annual report and may express comments on budget allocation issues related to
the European statistical activities of the NSI national statistical system.
Alternative 3:
3.
The heads of NSIs shall be accountable for the statistical activities and budget execution
of the NSI; they shall publish an annual report and may express comments on budget allocation
issues related to the statistical activities of the NSI.
4.
The heads of NSIs shall represent their
national statistical systems within the ESS.’
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Amendment proposal:
•
It is proposed to add “formally” or “officially” since some activities within the ESS are
performed on the levels different from the heads of ;SIs (e.g. directors).
4.
The heads of NSIs shall officially/formally represent their national statistical systems
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within the ESS.’
(4) In Article 6, paragraph 2 is replaced by the
following:
(4) In Article 6, paragraph 2 is replaced by the following:
‘2.
eed for clarification:
At Union level, the Commission (Eurostat)
shall act independently in ensuring the production
• A clarification is requested from the Commission with regard to the progress on the
amending Commission Decision 97/281/EC on the role of Eurostat as regards the
production of community statistics.
of European statistics according to established
rules and statistical principles. In this respect, it
shall have the sole responsibility for deciding on
Amendment proposal:
• It is proposed to add a wording indicating that as a partner of the ESS, the Commission
(Eurostat) should also be clearly committed to the implementation of the Code of
Practice.
processes, statistical methods, standards and procedures, and on the content and timing of statistical
releases.’
• It is proposed to add a wording that the independence applying to ;SI’s should also
apply to Eurostat.
• It is proposed to add a section that the head of Eurostat has the same role and obligation
to professional independence as the head of the ;SI.
• It is proposed to add two new paragraphs (2b and 2c) stating that the provisions applied
to the Heads of ;SIs should also be applied to the Head of Eurostat.
‘2.
At Union level, the Commission (Eurostat) shall act independently in ensuring the
production of European statistics according to established rules and statistical principles and in
accordance with the full implementation of the Code of Practice. In this respect, it shall have
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the sole responsibility for deciding on processes, statistical methods, standards and procedures,
and on the content and timing of statistical releases. All aspects of independence applying to
NSIs apply also to Eurostat.’
The head of Eurostat shall have the sole responsibility for deciding on processes, statistical
methods, standards and procedures, internal statistical management, and on the content and
timing of statistical releases and publications for European statistics at Union level. The head of
Eurostat shall act with professional independence.
2(b) The procedure for recruitement, transfer and dismissal of the head of Eurostat shall be
transparent and based on professionnal criteria only.
2(c) The head of Eurostat shall publish an annual report and may express comments on budget
allocation issues related to the statistical activities of Eurostat.
(5) In Article 11, the following paragraph 3 is
added:
(5) In Article 11, the following paragraph 3 is added:
‘3. Member States shall take all necessary mea-
General comment:
sures to implement the Code of Practice in order to
maintain confidence in their statistics. To this effect, each Member State, represented by its
government, shall sign and implement a
‘Commitment on Confidence in Statistics’
whereby specific policy commitments are made to
• It is pointed out that the details of the policy commitments (signing and implementation of
a “Commitment on Confidence in Statistics”) ought to be modified to suit the public
administration system to all Member States.
eed for clarification
• Clarifications are requested on the following questions:
o What is the legal nature of the intended Commitment of Confidence?
implement the Code and to establish a national
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quality assurance framework, including selfassessments and improvement actions. The
o Can Member States be legally obligated to sign a Commitment of Confidence,
since Commitment of Confidence can be considered as a soft-law instrument?
Commitment shall be counter-signed by the
o What is the basis of the monitoring process that should be carried out?
Commission.
o Who will draft the Commitment of Confidence as regards its content?
These commitments shall be regularly monitored
by the Commission on the basis of annual reports
sent by Member States. The Commission shall
report to the European Parliament and the Council
on the implementation of these commitments
o Which role is expected to be played by ESGAB?
Amendments proposals:
• It is proposed to insert “The Commission (Eurostat) and the” in front of “Member
States”.
within 3 years of the entry into force of this
• It is proposed to insert ”European Statistics” in front of ”Code of Practice”.
Regulation.’
• It is proposed to replace “their” by ”European” in front of statistics
• It is proposed to insert that the Commitment of Confidence should not only be signed by
the government but also the Head of ;SI.
• A number of countries propose to replace ”shall sign” by ”may sign”.
• It is proposed to delete the sentence which instructs the Member States to establish a
national quality assurance framework – in line with alternative 1 of recital 13.
There are two different alternatives concerning the last sentence of the first part of the
paragraph.
• Alternative 1: It is prosed to insert ‘and the Head of the Commission (Eurostat’).
• Alternative 2: It is proposed replace the last sentence of the first paragraph. The new
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sentence will make ;SGAB monitor the implementation of the Code of Practice. See
Article 5 for an explanation on ;SGAB
There are the following amendment proposals to the second part of the paragraph
• It is proposed to add “submit a” in front of “report”.
• It is proposed to add a new sentence at the end. The wording should introduce the
possibility of modifying the Commitment of Confidence.
Three different alternatives on deleting text in the Article 11 paragraph 3 are suggested.
• Alternative 3: It is proposed to replace the second and third sentence of the first part by a
new wording.
• Alternative 4: It is proposed to delete the second and third sentence of the first part and
the second part of the paragraph.
• Alternative 5: It is proposed to delete the whole Article 11 paragraph 3.
‘3. The Commission (Eurostat) and the Member States shall take all necessary measures to
implement the European Statistics Code of Practice in order to maintain confidence in their
European statistics. To this effect, each Member State, represented by its government and the
Head of the NSI, shall may sign and implement a ‘Commitment on Confidence in Statistics’
whereby specific policy commitments are made to implement the Code and to establish a
national quality assurance framework, including self-assessments and improvement actions.
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Alternative 1:
The Commitment shall be counter-signed by the Commission and the Head of the Commission
(Eurostat).
Alternative 2:
The Commitment shall be counter-signed by the Commission When they exist, the heads of
NSGABs shall monitor the implementation of the Code of Practice
‘These commitments shall be regularly monitored by the Commission on the basis of annual
reports sent by Member States. The Commission shall submit a report to the European
Parliament and the Council on the implementation of these commitments within 3 years of the
entry into force of this Regulation.’
In the process of implementing the commitments or arising needs, ‘Commitment on Confidence
in Statistics’ may be modified on mutual agreement of contracting parties.
Alternative 3:
‘3. Member States shall take all necessary measures to implement the Code of Practice in order
to maintain confidence in their statistics. All necessary measures referred above shall
particularly address but not be limited to – establishment of a national quality assurance
framework, self-assessments and improvement actions. To this effect, each Member State,
represented by its government, shall sign and implement a ‘Commitment on Confidence in
Statistics’ whereby specific policy commitments are made to implement the Code and to
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establish a national quality assurance framework, including self-assessments and improvement
actions. The Commitment shall be counter-signed by the Commission. These commitments
These measures implemented shall be regularly monitored by the Commission on the basis of
annual reports sent by Member States. The Commission shall report to the European Parliament
and the Council on the implementation of these measures within 3 years of the entry into force
of this Regulation.’
Alternative 4:
‘3.
Member States shall take all necessary measures to implement the Code of Practice in
order to maintain confidence in their statistics. To this effect, each Member State, represented
by its government, shall sign and implement a ‘Commitment on Confidence in Statistics’
whereby specific policy commitments are made to implement the Code and to establish a
national quality assurance framework, including self-assessments and improvement actions.
The Commitment shall be counter-signed by the Commission.
These commitments shall be regularly monitored by the Commission on the basis of annual
reports sent by Member States. The Commission shall report to the European Parliament and
the Council on the implementation of these commitments within 3 years of the entry into force
of this Regulation.’
Alternative 5:
‘3.
Member States shall take all necessary mea-sures to implement the Code of Practice in
order to maintain confidence in their statistics. To this ef-fect, each Member State, represented
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by its government, shall sign and implement a ‘Commitment on Confidence in Statistics’
whereby specific policy commitments are made to implement the Code and to establish a
national quality assurance framework, including self-assessments and improvement actions.
The Commitment shall be counter-signed by the Commission.
These commitments shall be regularly monitored by the Commission on the basis of annual
reports sent by Member States. The Commission shall report to the European Parliament and
the Council on the implementation of these commitments within 3 years of the entry into force
of this Regulation.’
(6) In Article 12(2), the second sub-paragraph is
replaced by the following:
(6) In Article 12(2), the second sub-paragraph is replaced by the following:
‘Specific quality requirements, such as target
Amendment proposal:
values and minimum standards for the production
of statistics, may be laid down in sectoral
legislation. Where sectoral legislation does not so
provide, the Commission may adopt, by means of
delegated acts in accordance with Article 26a, such
specific quality requirements.’
• It is proposed to delete the wording “such as target values and minimum standards”,
since quality refers to a broader scope of issues.
• It is proposed to replace ”delegated” by ”implementing”, since specific quality
requirement should be adopted by implementing acts and not delegated acts.
• It is proposed to add “the examination procedure referred to in” and to replace reference
to article 26a by 27(2). This will bring consistency with the change of ”delegated” to
”implementing”.
‘Specific quality requirements, such as target values and minimum standards for the
production of statistics, may be laid down in sectoral legislation. Where sectoral legislation
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does not so provide, the Commission may adopt, by means of delegated implementing acts in
accordance with the examination procedure referred to in Article 26a 27 (2), such specific
quality requirements.’
(7) In Article 13, paragraph 1 is replaced by the
following:
(7) In Article 13, paragraph 1 is replaced by the following:
‘1. The European statistical programme shall
eed for clarification
provide the framework for the development,
• A clarification is requested on how the harmonization of periods will be achieved when
the current statistical programme is for 2013-2017 and the financial framework ends in
2013.
production and dissemination of European
statistics, setting out the main fields and the
objectives of the actions envisaged for a period
corresponding to that of the multiannual financial
framework. It shall be decided upon by the
European Parliament and the Council. Its impact
and cost effectiveness shall be assessed with input
from independent experts.’
(7a) In article 17, the first paragraph is replaced (7a) In article 17, the first paragraph is replaced as follows:
as follows:
Amendment proposal:
•
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It is proposed to replace the first paragraph in Article 17 in Regulation 223/2009, since ,
there is a need for more guarantees to the ;SIs considering that the multiannual
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programme is described in a much more global way.
‘Each year, before the end of May, the Commission shall define the annual European Statistical
programme in accordance with the procedure referred to in article 27(2). That work programme
shall be based on the European statistical programme and shall indicate, in particular:’
(8) The following Article 17a is inserted:
(8) The following Article 17a is inserted:
‘Article 17a
General comment:
Access, use and integration of administrative
•
records
‘1. In order to reduce the burden on respondents,
the NSIs, other national authorities as referred to
It is suggested that it should be possible for the owner of administrative data to charge the
extraction costs and the data itself should be free of charge. The current formulation is not
in accordance with the principle of subsidiarity
eed for clarification:
•
Further clarification is needed, through discussion in Council, of the intention and effect of
the amendments to the access to administrative data article.
of charge, all administrative records and to
•
Clarification is needed on what is meant by administrative records.
integrate these administrative records with
Amendment proposal:
statistics, to the extent necessary for the
•
Some Member States have proposed to clarify that access to administrative records at the
national and Union levels is a matter for the national statistical agencies and the
Commission (Eurostat), respectively.
•
Some Member States have proposed that “shall have the right to access” should be
replaced by “may have access”.
•
It is proposed to clarify that national legislation cannot be used to refuse access to
in Article 4 and the Commission (Eurostat) shall
have the right to access and use, promptly and free
development, production and dissemination of
European statistics.
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administrative data.
‘1. In order to reduce the burden on respondents, the Member States and the Commission
(Eurostat), within their respective spheres of competence, shall ensure that NSIs, other national
authorities as referred to in Article 4 and the Commission (Eurostat) shall may have the right to
access to and use of, promptly and free of charge, all administrative records and to integrate
these administrative records with statistics, to the extent necessary for the development,
production and dissemination of European statistics. Administrative data owners shall not refer
to national Regulations and refuse to give access to administrative data.
2.
The NSIs and the Commission (Eurostat)
shall be consulted on and involved in the initial
Amendment proposal:
•
Some Member States have proposed to clarify that access to administrative records at the
national and Union levels is a matter for the national statistical agencies and the
Commission (Eurostat), respectively.
•
It is proposed to add “including any modification” as a specification to “subsequent
development”.
•
It is proposed to specify that “other bodies” are “other public administration bodies”.
design, subsequent development and
discontinuation of administrative records built up
and maintained by other bodies, thus facilitating
the further use of these records for statistical
purposes. They shall have the right to coordinate
standardisation activities concerning administrative •
records relevant for statistical data production.
It is proposed to limit the scope to domains where EU statistics have already been adopted.
There are two different proposals for refrasing the last sentence:
•
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Alternative 1: It is proposed to refrase the last sentence, so that ;SIs and Eurostat “be
involved in” standardisation activities etc., not “have the right to coordinate”. The reason
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is that Administrative records will always remain a principle responsibility of
administrative authorities.
•
Alternative 2: It is proposed to replace”They shall have the right to coordinate” by “This
includes the”.´
2.
The NSIs and the Commission (Eurostat) within their respective spheres of competence
shall be consulted on and involved in the initial design, subsequent development (including any
modification) and discontinuation of administrative records built up and maintained by other
public administration bodies, thus facilitating the further use of these records for statistical
purposes in the domains where an EU legal text has been adopted or a Commission
Communication has been published.
Alternative 1:
They shall be involved in the have the right to coordinate standardisation activities concerning
administrative records relevant for statistical data production.
Alternative 2:
They shall have the right to coordinate This includes the standardisation activities concerning
administrative records relevant for statistical data production.
3.
Access by and involvement of the NSIs,
other national authorities and the Commission
Amendment proposal:
•
It is proposed to interchange paragraphs 3 and 4 in order to refer to paragraphs 1, 2, and
(new) 3 in the new paragraph 4.
•
It is proposed to specify that other national authorities mean national “statistical”
(Eurostat) pursuant to paragraphs 1 and 2 shall be
limited to administrative records within their own
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authorities.
respective public administrative system.
•
It is proposed to specify that other national authorities are those referred to in article 4.
•
Some Member States suggest that “and the Commission (Eurostat)” is deleted.
•
It is proposed to clarify the meaning of administrative records covered by this article.
•
It is proposed to specify that the Commission shall only have access to administrative
records in Member States after consent of the Member State.
43.
Access by and involvement of the NSIs, other national statistical authorities as referred to
in Article 4 and the Commission (Eurostat) pursuant to paragraphs 1, and 2 and 3 shall be
limited to administrative records that are maintained in connection with the performance of a
statutory duty by public authorities, institutions and bodies, within their own respective spheres
of competence public administrative system.. Access by the Commission (Eurostat) to
administrative records within the administrative systems of Member States shall be subject to
the consent of the given Member State.
4.
The NSIs shall receive relevant metadata
from the owners of administrative records used for
Amendment proposal:
•
It is proposed to interchange paragraphs 3 and 4 in order to refer to paragraphs 1, 2, and
(new) 3 in the new paragraph 4.
•
It is proposed to clarify that the administrative data should not necessarily originally be
used for statistical purposes.
statistical purposes.
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34.
The NSIs shall receive relevant metadata from the owners of administrative records used
for statistical purposes.
5.
The NSIs and owners of administrative
records shall establish the necessary cooperation
Amendment proposal:
•
It is proposed to add a clarifying remark that the provision in this paragraph refers to
paragraphs 2 and 4.
•
It is proposed to specify that the Member States shall establish the legal framework for the
provisions in this article.
5.
The NSIs and owners of administrative records shall establish the necessary cooperation
mechanisms.’
mechanisms regarding fulfilment of paragraphs 2 and 4. Member States shall establish the legal
framework necessary for implementing the provisions above.
(9) In Article 23, the second sub-paragraph is replaced by the following:
(9) In Article 23, the second sub-paragraph is replaced by the following:
‘The arrangements, rules and conditions for access
at Union level shall be established in accordance
with the examination procedure referred to in
Article 27(2).’
(10) Article 24 is deleted.
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(10a) Article 26 is amended as follows:
(10a) Article 26 is amended as follows:
Amendment proposal:
•
It is proposed to add a sentence to the paragraph in Article 26 in Regulation 223/2009. This
provides for sufficient legal basis when designing sanctions in the case of confidential data
disclosure.
‘These measures may concern the person having violated statistical confidentiality and the
institution to which he/she belongs.’
(11) The following Article 26a is inserted:
(11) The following Article 26a is inserted:
‘Article 26a
General comments:
Exercise of delegated powers
•
1.
The power to adopt delegated acts is
It is suggested that article 12(2) should deal with implementing acts. It is pointed out that in
case this is adopted, article 26a would be superfluous.
conferred on the Commission subject to the
conditions laid down in this Article.
2.
The delegation of power referred to in Article
12(2) shall be conferred on the Commission for a
Editorial clarification:
•
It is suggested to clarify that the relevant point in article 12(2) is second sub-paragraph.
period of 5 years from the entry into force of this
Regulation. The Commission shall draw up a re-
2.
The delegation of power referred to in Article 12(2) second sub-paragraph shall be
port in respect of the delegation of power not later
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than nine months before the end of the five-year
conferred on the Commission for a period of 5 years from the entry into force of this
period. The delegation of power shall be tacitly
Regulation. The Commission shall draw up a report in respect of the delegation of power not
extended for periods of an identical duration,
later than nine months before the end of the five-year period. The delegation of power shall be
unless the European Parliament or the Council
tacitly extended for periods of an identical duration, unless the European Parliament or the
opposes such extension not later than three months
Council opposes such extension not later than three months before the end of each period.
before the end of each period.
3.
The delegation of power referred to in Article
12(2) may be revoked at any time by the European
Editorial clarification:
•
It is suggested to clarify that the relevant point in article 12(2) is second sub-paragraph.
A revocation decision shall put an end to the
3.
The delegation of power referred to in Article 12(2) second sub-paragraph may be revoked
delegation of the power specified in that decision.
at any time by the European Parliament or by the Council.
It shall take effect the day following the
A revocation decision shall put an end to the delegation of the power specified in that decision.
publication of the decision in the Official Journal
It shall take effect the day following the publication of the decision in the Official Journal of
of the European Union or at a later date specified
the European Union or at a later date specified therein. It shall not affect the validity of any
therein. It shall not affect the validity of any
delegated acts already in force.
Parliament or by the Council.
delegated acts already in force.
4.
As soon as it adopts a delegated act, the
Commission shall notify it simultaneously to the
European Parliament and to the Council.
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5.
A delegated act adopted pursuant to Article
12(2) shall enter into force only if no objection has
Editorial clarification:
•
It is suggested to clarify that the relevant point in article 12(2) is second sub-paragraph.
or the Council within a period of 2 months of
5.
A delegated act adopted pursuant to Article 12(2) second sub-paragraph shall enter into
notification of that act to the European Parliament
force only if no objection has been expressed either by the European Parliament or the Council
and the Council or if, before the expiry of that
within a period of 2 months of notification of that act to the European Parliament and the
period, the European Parliament and the Council
Council or if, before the expiry of that period, the European Parliament and the Council have
have both informed the Commission that they will
both informed the Commission that they will not object. That period shall be extended by two
not object. That period shall be extended by two
months at the initiative of the European Parliament or the Council.’
been expressed either by the European Parliament
months at the initiative of the European Parliament
or the Council.’
(12) Article 27 is replaced by the following:
(12) Article 27 is replaced by the following:
‘Article 27
General comment:
Committee
•
1.
The Commission shall be assisted by the
It is pointed out that the possible new organisational structure and reinforced governance
of the ESSC (under discussion) should be taken into account.
European Statistical System Committee. That
committee shall be a committee within the meaning
of Regulation (EU) No182/2011.
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2.
Where reference is made to this paragraph,
Article 5 of Regulation (EU) No 182/2011 of the
European Parliament and the Council laying down
the rules and general principles concerning mechanisms for control by the Member States of the
Commission’s exercise of implementing powers
shall apply.’.
Amendment proposal:
•
It is proposed to add a new paragraph aiming at reinforcing the comitology procedure by
introducing the option of “non-adoption” in cases where the Committee delivers no
opinion, because of the scope of comitology envisaged in this proposal for Regulation,
namely as regards the access to confidential data for scientific purposes.
3. Where the committee delivers no opinion, the Commission shall not adopt the draft
implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011
shall apply.’.
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Article 2
Article 2
Entry into force
This Regulation shall enter into force on the
twentieth day following that of its publication in
the Official Journal of the European Union.
This Regulation shall be binding in its entirety and
directly applicable in all Member States.
Done at Brussels, 17.4.2012
For the European Parliament
The President
For the Council
The President
END
END
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